A common term that is used when talking about car accidents is ‘negligence,’ and for many people, it becomes the core of their worries after being caught up in the unfortunate scenario. Regardless of whether one is being sued or is suing the purportedly at-fault party, the burden of proving these allegations is always the core of a lawsuit. Nevertheless, there is more than having a baseless theory as to why one party must be held responsible for an accident as it must be based in verifiable accusations. This, therefore, makes proving negligence a complicated process which must be handled with utmost professionalism and adherence to the law if one expects to emerge victorious.
The core of determining negligence is showing that the person in question behaved in a manner which purposefully or through carelessness put the victims in the way of danger. This arises from the basics where a driver ignored or failed to adhere to road rules and safety standards in Ohio which could include over speeding, failing to yield, overtaking in dangerous locations, or ignoring traffic lights. However, before rushing to consider these factors there are elements of a negligence claim which must first be satisfied, and these are;
- Proof that there was the duty of responsible care. A relationship has to be established between the driver and the victims of the accident who could be passengers, other road users, or people in another vehicle. If you were a passenger in a wreck, there is the freedom to sue the driver as they owed a duty of care the minute you boarded the vehicle. It is not just of the passengers carried, but the responsibility extends to all other parties encountered while on the road.
- There was a violation of the duty of care. This is commonly referred to as breaching and is where the defendant was not careful in their actions which consequently placed the passengers or other road users at risk. The deviation from the standard of care can be in lots of different forms and should always point to carelessness.
- The actions from the breach of duty caused the injuries. The law is systematic, and the fact that a driver failed to adhere to the required standards of care must be complemented by the fact that it directly resulted in the accident. Causation must show a direct connection between the two events and not a general breach of duty such as dangerous overtaking ten minutes before the accident.
- There have to be damages. The entitlement to compensation by proving negligence has to show there were damages sustained and has to be established. This is why it is essential to always seek instant medical attention as the documents from the physicians will go a long way in determining the amount one deserves
Since the burden of proving negligence can never be underestimated, professional assistance from Groth & Associates, a seasoned team of car accident attorneys will make the duty simpler. It will, in turn, become a stepping stone to ensuring that all the sustained injuries, pain, and suffering are duly compensated.